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court case to retrive personal property
Former Member
Posts: 1,876,323 The Mix Honorary Guru
Something very personal was taken from my home by a family member when i was younger, that was my property and i'd now like to retrieve this as it wasn't possible first time round...
how would it be possible, and would i be elegable for legal aid seeing as i'm living on benefits?
how would it be possible, and would i be elegable for legal aid seeing as i'm living on benefits?
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What are the circumstances of them taking it?
As MOK said, how do we know it's really yours? Photos of you with it before it was taken e.t.c.
I have asked for them back and was told no...
and how do i prove they are mine...well, i'm the subject of the photos...is that enough proof? my mother owned the camera most of them were taken with if not all...
Have you tried asking your social worker (unlikely to be any use but worth a shot) or getting in touch with the CAB, either direct or via ask the site?
they are mostly polaroid picutres, and my mum may still have the camera, surely that woukld go a way to prove that they are mine? or at least my mothers
the costs of the court would be prohibitive, tbh, and judges would wonder why you werent going through mediation. it is also likely that you would not get the actual photos back, rather you would get financial damages, and it really doesnt seem worth it. the proof is only balance of probabilities in a civil court, so you should be fine for that, but i really would wonder why you would consider doing it. it wouldnt be cost effective, you wouldnt get free representation, and courts would take a dim view of what they see as a waste of their time.
Not really. I have loads of pictures of my kids. Do they belong to them or me?
It's a tough one Trinity. Was there a reconrd of the break-in?
There may be some way an expert could work out it was taken from that exact camera, but no court in the land would order that due the expense.
Have you spoken to the police? As MoK said if there is a record, there is a possibility they maybe able to retrieve the photos for you, but I really wouldnt hold out much hope for it.
Sorry to not have good news
the police were told what was taken in a statement, and his house was searched for all of the stuff, and only a few things were found, and my baby photos weren´t among them...
i did speak to the police and they said that they can´t give me legal advice and i need to go to a qualified solicitor, who will charge for just picking up the bloody phone!
i´ll see if another formal letter does it if not i´m going to have to leave it and just live with the fact that i have very few memories of my childhood...
Not necessarily true, a lot now do the first interview free. Which is obviously worth it, as you are losing nothing.
eh? why would you not phone the police first? They were there after the incident, they would be the first port of call to find out how to get stolen property back.
a solicitor who is publicly funded will give you a brief interview to advise you on how to proceed, but i really dont think that there are any legal remedies open to you. if your dad just says hes destroyed them, regardless of whether he has or not, it would be up to you to prove he has them. if he has destroyed them the only legal remedy is compensation, and compensation can only be for actual loss. the cost of a photograph is about £2.
the courts would take a very dim view of what they would see as frivolous lititgation.